A North Carolina city is suing an RV retailer over its ‘gigantic’ American flag. They still won't take it down

An American flag. (Getty Images)

A North Carolina city has filed a lawsuit against a business for allegedly violating a city ordinance by flying an American flag that is significantly larger than what the city permits.

But the business isn't backing down – even a court order won't compel Marcus Lemonis, chairman and CEO of Camping World, to remove the massive flag, he told USA TODAY on Wednesday. Lemonis is the celebrity CEO behind the TV show "The Profit" on CNBC.

“The flag isn’t coming down. It’s the only thing I know for certain," Lemonis said. "I know I’m going to die. I know I’m going to pay taxes. And I know I’m not taking the flag down.”

A Monday release from the city of Statesville, North Carolina, says recreational vehicle retailer Gander RV has been flying a 3,200-square-foot flag at its Statesville location for more than six months. The company had previously obtained a permit for a 1,000-square-foot flag, which complied with the city's ordinance, the city says.

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The city says it has repeatedly asked Gander RV to replace the flag with one that is a permitted size. The release says the city is seeking a fine of $50 for every day the flag has been displayed since an October 2018 notice.

In a tweet, Lemonis cited an email saying the fine was currently in excess of $10,000. Lemonis said Camping World is the parent company of the location, which does business as Gander RV.

If a judge grants the city an injunction, Lemonis says his refusal to remove the flag could land him in contempt of court. He said he would be willing to take that personal consequence.

Lemonis' position is simple, he said: As long as the American flag isn’t creating a safety hazard or interfering with airspace, there shouldn’t be a limit on its display size. He says that position is specific to the American flag.

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He said a flag of the same size is flying in more than 180 different cities across the country.

The company has received support from more than 150,000 people who have signed a petition entitled "Let Camping World & Gander Outdoors Fly The American Flag!"

"This is about more than just the flag. This is about our Veterans, Military, and the men and women that have sacrificed for this great country," Camping World posted to Facebook on May 18. "They are the reason we fly the flag and they are the reason we will NOT take it down!"

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In a Tuesday response, the city says it "stands by our flag and what it represents."

However, the city says its authority must be respected: "We take our laws and ordinances very seriously. Our doors are open to any business looking to prosper and grow in our community. We only ask that the proper channels are followed. That is the first and necessary step to any potential change in code."

In 2014, Camping World announced its plans to fly flags it described as "gigantic" and "massive" at multiple locations. The flags would be either 1,800 square feet or 3,200 square feet "depending on each city’s zoning regulations," a release said.

This article originally appeared on USA TODAY: A North Carolina city is suing an RV retailer over its ‘gigantic’ American flag. They still won't take it down